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The Citizen reports that the Magistrate’s Commission told the portfolio committee on justice and correctional services on Wednesday that magistrates facing disciplinary hearings used “every trick in the book” to delay disciplinary proceedings against them.
The commission’s ethics committee chairperson, advocate Cassim Moosa, and the commission’s Hans Meijer told MPs about four cases they were dealing with. In each case, the magistrates used tactics, including applications to the high court, firing legal counsel or asking for postponements in disciplinary hearings, to delay proceedings. One of the cases relates to Eric Nzimande, the regional court president of KwaZulu-Natal. There are 50 counts of misconduct against him. Nzimande was suspended in October 2018 and has pleaded not guilty. The commission is also dealing with the case of Bloemfontein chief magistrate Mziwonke Hinxa, who, it is alleged, committed rape. The commission also updated the committee on a case against senior magistrate and judicial head of the Mossel Bay District Court, Letitia Freeman, who is charged with 29 counts of misconduct, most of which involve false transport claims. The matter of Kempton Park chief magistrate Judy van Schalkwyk dates back to 2013. She is accused of abuse of power, attending to personal matters during work hours, gambling during work hours, borrowing money from subordinates and handing down judgments she had not written.
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